§7211. Definitions

(a) Supervisory employees

For the purposes of this subchapter, the following officers or employees of the Department are supervisory employees:

(1) an individual holding a position in the Department at GS–16, GS–17, or GS–18 of the General Schedule or at level I, II, III, IV, or V of the Executive Schedule, or who is in a position at a comparable or higher level on any other Federal pay scale, or who holds a position pursuant to subsection (b) or (d) of section 7231 of this title, or who is an expert or consultant employed pursuant to section 3109 of title 5 for more than ninety days in any calendar year and receives compensation at an annual rate equal to or in excess of the minimum rate prescribed for individuals at GS–16 of the General Schedule;

(2) the Director or Deputy Director of any State, regional, district, local, or other field office maintained pursuant to section 7260 of this title;

(3) an employee or officer who has primary responsibility for the award, review, modification, or termination of any grant, contract, award, or fund transfer within the authority of the Secretary; and

(4) any other employee or officer who, in the judgment of the Secretary, exercises sufficient decisionmaking or regulatory authority so that the provisions of this subchapter should apply to such individual.

(b) Energy concern

For purposes of this subchapter the term "energy concern" includes-

(1) any person significantly engaged in the business of developing, extracting, producing, refining, transporting by pipeline, converting into synthetic fuel, distributing, or selling minerals for use as an energy source, or in the generation or transmission of energy from such minerals or from wastes or renewable resources;

(2) any person holding an interest in property from which coal, natural gas, crude oil, nuclear material or a renewable resource is commercially produced or obtained;

(3) any person significantly engaged in the business of producing, generating, transmitting, distributing, or selling electric power;

(4) any person significantly engaged in development, production, processing, sale, or distribution of nuclear materials, facilities, or technology;

(5) any person-

(A) significantly engaged in the business of conducting research, development, or demonstration related to an activity described in paragraph (1), (2), (3), or (4); or

(B) significantly engaged in conducting such research, development or demonstration with financial assistance under any Act the functions of which are vested in or delegated or transferred to the Secretary or the Department.

(c) Publication of list of energy concerns

(1) The Secretary shall prepare and periodically publish a list of persons which the Secretary has determined to be energy concerns as defined by subsection (b) of this section. The absence of any particular energy concern from such list shall not exempt any officer or employee from the requirements of section 7212 of this title.

(2) At the request of any officer or employee of the Department the Secretary shall determine whether any person is an energy concern as defined by subsection (b) of this section.

(d) Knowledge of interest, status, or position

For the purposes of section 7212(a) of this title an individual shall be deemed to have known of or knowingly committed a described act or to have known of or knowingly held a described interest, status, or position if the employee knew or should have known of such act, interest, status, or position. For the purposes of section 7212(a) of this title an officer or employee shall be deemed to have known of or knowingly held an interest in an energy concern if such interest is sold or otherwise transferred to his spouse or dependent while such officer or employee is, or within six months prior to the date on which such officer or employee becomes, an officer or employee of the Department.

( Pub. L. 95–91, title VI, §601, Aug. 4, 1977, 91 Stat. 591 ; Pub. L. 103–160, div. C, title XXXI, §3161(c)(1)(A), (B), Nov. 30, 1993, 107 Stat. 1958 .)

References In Text

The Executive Schedule, referred to in subsec. (a)(1), is set out in subchapter II (§5311 et seq.) of chapter 53 of Title 5, Government Organization and Employees.

Amendments

1993-Subsec. (c)(1). Pub. L. 103–160, §3161(c)(1)(A), substituted "section 7212" for "sections 7212 through 7216".

Subsec. (d). Pub. L. 103–160, §3161(c)(1)(B), substituted "section 7212(a)" for "sections 7212(a), 7213(a), 7215(a), and 7216" in first sentence and struck out at end "The placing of an interest under a trust by an individual shall not satisfy the requirement of section 7212 of this title or waive the requirements of section 7213 of this title as to such interest unless none of the interests placed under such trust by such individual consists of known financial interests in any energy concern."

References in Other Laws to GS–16, 17, or 18 Pay Rates

References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.